Kevin Mitchell v. Attorney General for the State of Arizona, et al
| KEVIN NORRIS MITCHELL |
| ATTORNEY GENERAL FOR THE STATE OF ARIZONA and DAVID SHINN, Director, Director of Arizona Department of Corrections |
| 22-15646 |
| April 29, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus |
Docket Report
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| Filing 3 Filed order (Appellate Commissioner): This case appears to arise from the denial of appellants motion for relief from judgment pursuant to Federal Rule of Civil Procedure 60(b) in habeas corpus proceedings under 28 U.S.C. 2254. See Lynch v. Blodgett, 999 F.2d 401, 403 (9th Cir. 1993) (certificate of probable cause to appeal necessary to appeal denial of post-judgment motion for relief under Rule 60(b)). This case is remanded to the district court for the limited purpose of granting or denying a certificate of appealability at the courts earliest convenience. See 28 U.S.C. 2253(c); Fed. R. App. P. 22(b); United States v. Asrar, 116 F.3d 1268, 1270 (9th Cir. 1997). If the district court chooses to issue a certificate of appealability, the court should specify the issues that meet the required showing; if the district court declines to issue a certificate, the court is requested to state its reasons. See 28 U.S.C. 2253(c)(3); Asrar, 116 F.3d at 1270. The Clerk will send a copy of this order to the district court judge. (MOATT) [12472379] (OC) [Entered: 06/15/2022 04:54 PM] |
| Filing 2 Filed Appellant Kevin Norris Mitchell motion for certificate of appealability. Deficiencies: None.[12463980] (JFF) [Entered: 06/06/2022 10:12 AM] |
| Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [12434830] (RT) [Entered: 04/29/2022 01:55 PM] |
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| Petitioner / appellant: KEVIN NORRIS MITCHELL | |
| Represented By: | Kevin Norris Mitchell |
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| Respondent / appellee: ATTORNEY GENERAL FOR THE STATE OF ARIZONA | |
| Represented By: | Amy Thorson |
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| Respondent / appellee: DAVID SHINN, Director, Director of Arizona Department of Corrections | |
| Represented By: | Amy Thorson |
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